27 Oct 2023

The Special Immigration Appeals Commission (SIAC) has allowed revocation, asylum and human rights appeals in the case of D8 v The Secretary of State for the Home Department case.

D8 was a case involving an Iranian of Kurdish ethnicity who was subject to an exclusion order and the revocation of his refugee status whilst outside the United Kingdom. The Secretary of State assessed that he had re-availed himself of the protection of Iran in early 2000 and was a danger to the security of the UK based on his alleged support for ISIL.

D8 re-entered the UK clandestinely and re-claimed asylum protection on the basis he was still a refugee and continued to be at risk of persecution If returned to Iran. SIAC decided that D8 was not a danger to UK national security applying the decision of the CJEU in T v Land Baden-Wuttember [2016] 1 WLR 109, that in the case of a refugee removal to their home country should be a measure of last resort.

SIAC also determined that the Secretary of State had failed to prove that D8 had returned to Iran openly, as they needed to do to establish that he had re-availed himself of Iran’s protection.

His appeal was ultimately successful on grounds of revocation, asylum and Article 3 ECHR.

Alex Burrett led by Samanth Knights KC of Matrix appeared on behalf of the Appellant, instructed by Sunita Joshi of JD Spicer Zeb Solicitors.

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